alleryStart learning →The underlying principle of a judicial decision that carries the binding force of law is termed:
AObiter dicta
BRes judicata
CStare decisis
DRatio decidendi
Answer & Solution
Correct answer: D. Ratio decidendi
1. The unit distinguishes the ratio decidendi from the obiter dicta in a judgment.
2. Ratio decidendi is the underlying principle on which the decision is based.
3. Only the ratio carries binding force of law as regards the world at large.
4. Obiter dicta are 'said by the way' utterances of only persuasive value.
5. So the binding part is the ratio decidendi.
_Source: ICSI CS Executive Programme, Paper 1 "Jurisprudence, Interpretation and General Laws", Lesson 1 "Sources of Law" (Nov 2021 edition, pp 2-19)._
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